Drafting Effective Demand Letters: What Every Personal Injury Attorney And
Total Page：16
File Type：pdf, Size：1020Kb
DRAFTING EFFECTIVE DEMAND LETTERS: WHAT EVERY PERSONAL INJURY ATTORNEY AND INSURANCE LAW ATTORNEY SHOULD KNOW Jonathan H. Lomurro, Esq., LLM Lomurro Law (Freehold) Denise M. Luckenbach, Esq. Sellar Richardson, PC (Livingston) Julia Talarick, Esq. Kinney Lisovicz Reilly & Wolff PC (Parsippany) WCIV001916 © 2016 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to NJICLE, a Division of the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520. Thank you for logging in – the webinar will begin shortly. 1. All Attendee phone lines are muted. 2. Questions may be submitted Via Chat on the right hand side of your screen. Questions will be answered periodically during the presentation Note: Attendees with dial up connections will see a slower response. 3. See your messages here 1. Type your question here. 2. Send TO ACCESS SEMINAR MATERIALS, ATTENDANCE VERIFICATION AND CLE FORMS PLEASE GO TO: http://tcms.njsba.com/personifyebusiness/njicle/WebinarInformation.aspx PLEASE FAX OR E-MAIL YOUR ATTENDANCE VERIFICATION FORM TO NJ ICLE FAX: 732-249-1428 E-MAIL: [email protected] Drafting Effective Demand Letters NJSBA August 17, 2016 Webinar presented by: JONATHAN H. LOMURRO, ESQ. LLM JULIA C. TALARICK, ESQ. DENISE M. LUCKENBACH, ESQ. Certified Civil Trial Attorney Kinney Lisovicz Reilly & Wolff PC Monmouth Executive Center Certified Civil Trial Attorney 299 Cherry Hill Road, Suite 300 Sellar Richardson, P.C. 4 Paragon Way, Suite 100 PO Box 912 293 Eisenhower Parkway, Suite 350 Freehold, NJ, 07728 Parsippany, New Jersey 07054 Livingston, NJ 07039 Main: 732-414-0300 Main: 973-957-2550 Main: 973-577-7905 x212 Direct: 732-414-0319 Direct: 973-957-2556 Fax: 973-992-3232 Fax: 732-431-4043 Fax: 973-710-1054 E-Mail: [email protected] Email: [email protected] Email: [email protected] Website: www.sellarrichardson.com Website: www.lomurrolaw.com Website: www.klrw.law et ut voiditigation Attempt to influence the Recipient’s Perception of Risk Agree…Resolve…Settle Insurer’s Pre-Suit Response • Verification of Coverage • Limits • Notice issue(s) • Claim v. “Suit” • Self-insured retention • Multiple claims • Other coverage defense(s) • Reservation of Rights Insurer’s Pre-Suit Response • Notice to Insured • Potential excess exposure • Retention of personal counsel • Identification of excess insurer(s) • Notice to Other or Excess Insurer(s) • Retention of Coverage Counsel Insurer’s Pre-Suit Response • Policy language • Is there a duty to investigate? • Investigation • Hire investigator • Take insured’s statement • Review material submitted • Obtain publically available information • Retain defense counsel early Defense Counsel • Evaluation of Claim • Identification of causes of action • Assessment of damages • Additional investigation • Retention of consultant/expert • Claimant/Counsel’s Presentation in Early Demand Letter • Over sell of claim • Prior suits/injuries Defense Counsel • Client’s Concerns • Insurance issues • Panic • Exposure of assets • Involvement of personal counsel • Impact of well written demand letter • Productive discussion(s) Plaintiff Development of Facts Assessment of Liability/Defenses Injuries Defendants Development of Facts Assessment of Liability/Defenses Injuries Insurer’s Mid-Suit Response • Single v. Multiple Claims • Discovery • Liability Defense(s) • Plaintiff’s comparative negligence CAMILLE COSBY'S DRAMATIC DEPOSITION TRANSCRIPT • Damage Defense(s) UNSEALED • Defense Counsel Evaluations and UNDER OATH, DONALD TRUMP Recommendations SHOWS HIS RAW SIDE THE CRAZIEST QUOTES FROM • Involvement of Personal Counsel THE PAULA DEEN DEPOSITION Offer to Take Judgment Rova Farms/Bad Faith Defense Counsel • Trial • Evaluation of strengths and weaknesses • Offer of Judgment • Bad Faith – Failure to Settle • Rova Farms Resort, Inc. v. Investors Ins. Co. 65 N.J. 474 (1974) • Evaluation • Response • Informing client and insurer • Plaintiff’s and personal counsel Insurer’s Pre-Trial Response • Rova Farms, 65 N.J. 474 • Decision not to settle must be honest, intelligent and objective • Defense counsel’s evaluations • Anticipated range of verdicts • Strengths and weaknesses of all evidence (both sides) • History of geographic area in cases of similar nature • Parties/witnesses: appearance; credibility; appeal • Response to Plaintiff’s and/or Personal Counsel • Response to Other or Excess Insurer Defense Counsel • Assessment of Verdict • Within or in excess of policy limits • Identification of Errors • Applications of J.N.O.V. and/or new trial • Analysis for appeal • Identification of Evidence Flaws Insurer’s Post Verdict Response • Evaluations • Defense counsel • Motions: J.N.O.V. and new trial • Appeal • Monitoring counsel or claims professional • Claim/File Review • Notice to Insured, Personal Counsel and Other Insurers • Retention of Counsel DISCLAIMER The information contained in this presentation is for educational purposes only and should not be construed as legal advice, and is not intended to be a substitute for legal advice. The information contained herein is the opinion of the presenter and do not represent the positions or opinions of the presenter’s firm or clients. Email: E-mail Me Ms. Luckenbach is certified as a Civil Trial Attorney by the Supreme Court of New Jersey and A.V. rated by Martindale Hubbell. She concentrates her practice in insurance defense, surety and fidelity matters (including fiduciary, public official, and other commercial bond claims), claims based in notary negligence, estate litigation, and general civil litigation, including construction defect claims and commercial/contract litigation. Ms. Luckenbach is admitted to practice in New Jersey (1990), New York, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. She is a member of the New Jersey Bar Association, including both the Insurance Defense and Fidelity and Surety subcommittees. She is also a member of the Bergen County, Essex County, and American Bar Associations, the New Jersey Defense Association, the Defense Research Institute, the New Jersey Association for Justice, the American Judicature Society and the Morris Pashman Inn of Court. In 2007, she was appointed by the New Jersey Supreme Court to serve a four year term on the District V–B Ethics Committee which was renewed for a second term through 2015. Ms. Luckenbach has lectured for New Jersey's Institute for Continuing Legal Education (ICLE) on Premises Liability claims, bad faith litigation, and primary/excess carrier duties and obligations. She is a frequent lecturer at the N.J. Bar Association annual meeting as a panelist on behalf of the Insurance Defense Committee. She is a published author in the area of Surety and Fidelity law having published “Defenses Available to the Probate Bond Surety” in The Law of Probate Bonds, (2001). She also serves as an Early Settlement Panel mediator for the Essex County Probate Court. Ms. Luckenbach received her B.A., cum laude, and her J.D. from Seton Hall University where she was a member of the Moot Court Board. She clerked for the Honorable M.J. Kole, J.S.C., Bergen County, in the 1989 – 1990 court term. Areas of Practice Insurance Defense Surety Fidelity Matters (including Fiduciary, Public Official, and Other Commercial Bond Claims) Claims based in Notary Negligence Estate Litigation General Civil Construction Defect Claims Commercial/Contract Litigation Bar Admissions New Jersey, 1990 New York, 1990 U.S. District Court District of New Jersey, 1990 U.S. Court of Appeals 3rd Circuit Education Seton Hall University School of Law, Newark, New Jersey J.D. Seton Hall University B.A. cum laude Published Works "Defenses Available to the Probate Bond Surety", The Law of Probate Bonds, 2001 Classes/Seminars Early Settlement Panel mediator, Essex County Probate Court Professional Associations and Memberships New Jersey Bar Association, Member, Insurance Defense Subcommittee New Jersey Bar Association, Member, Fidelity and Surety Subcommittee Bergen County Bar Association, Member Essex County Bar Association, Member American Bar Association, Member New Jersey Defense Association, Member Defense Research Institute, Member New Jersey Association for Justice, Member American Judicature Society, Member Morris Pashman Inn of Court, Member Moot Court Board, Member New Jersey Supreme Court, District V-B Ethics Committee, 2007 - Present Past Employment Positions Hon. Martin J. Kole, J.A.D. t/a, Law Clerk, 1989 - 1990 Sellar Richardson, P.C. 293 Eisenhower Parkway, Suite 170 Livingston, NJ 07039 Phone: 973-577-7905 Toll-free: 866-589-9887 Fax: 973-992-3232 Map and Directions Sellar Richardson, P.C., is located in Livingston, New Jersey, and represents people across the state in areas such as Morristown, East Hanover, Florham Park, Roseland, Montclair, South Orange, Caldwell, Short Hill, Millburn, Summit, Wayne, Parsippany, Franklin Lakes, Alpine, Essex County, Morris County, Union County, Bergen County, Hudson County, Passaic County, Middlesex County, Somerset County and Warren County. © 2016 by Sellar Richardson, P.C. All rights reserved. Disclaimer | Privacy Policy | Law Firm Marketing® by FindLaw, a Thomson Reuters business. Map data © Mapbox © OpenStreetMap. TO TOP • Home • Attorneys Jonathan H. Lomurro • Practice Areas ◦ Alternative